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support@curbsidemall.com +1-877-245-6263

Terms & Service

GTI.
Terms of Service
Effective Date: Aug 1, 2021


End-User Agreement for curbsidemall.com


BY CREATING A USER ACCOUNT, DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THIS PLATFORM THE USER AGREES TO THE TERMS OF THIS AGREEMENT. IF THE USER IS ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, USER REPRESENTS AND WARRANTS THAT USER HAS FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.

IF YOU DO NOT AGREE WITH WHAT THIS AGREEMENT SAYS, DO NOT CREATE A USER ACCOUNT, INSTALL OR USE THE PLATFORM.

  • Ownership.
    • The Services and all rights therein are and shall remain curbsidemall.com’s property or the property of curbsidemall.com’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted above.
    • You agree that you will not use curbsidemall.com’s trademarks, service marks, or trade dress or any similar names, marks, or trade dress (“curbsidemall.com’s Marks”), aside from use incidental to your use of the Services, without express, written permission from curbsidemall.com. This prohibition on using curbsidemall.com’s Marks includes, but is not limited to, use in domain names, websites,
  • Text Messaging and Telephone Calls.
    • You agree that curbsidemall.com and its subsidiaries, representatives, affiliates, officers and directors, may contact you by telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with a curbsidemall.com account, including for marketing purposes. You understand that you are required to provide this consent as a condition of purchasing any property, goods or services.

      curbsidemall.com may contact you using any of the phone numbers you provided in connection with an curbsidemall.com account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity.

  • User Provided Content.
    • curbsidemall.com may, in curbsidemall.com’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to curbsidemall.com through the Services textual, audio, and/or visual content and information, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to curbsidemall.com you grant curbsidemall.com a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and curbsidemall.com’s business and on third party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

      You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant curbsidemall.com the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor curbsidemall.com’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

      You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by curbsidemall.com in its sole discretion, whether or not such material may be protected by law. curbsidemall.com may, but shall not be obligated to, review, monitor, and remove User Content, at curbsidemall.com’s sole discretion and at any time and for any reason, without notice to you.

    1. Recitals
      1.1 Purpose:

      Whereas, GTI, shall provide an e-commerce platform, curbsidemall.com, for users to find, secure, and facilitate a sales transaction, and

      in doing so aims to maintain excellent customer service for all customers and maintain strong business relationships;

      whereby the purpose of the End-User Agreement (hereinafter referred to as the “Agreement) is to maintain a harmonious and mutually beneficial relationship between the User and GTI. (hereinafter referred to as csm) and to set forth certain terms and conditions; and

    • 1.2 The Nature of the Relationship :

      Due to the multiple potential End-Users this Agreement will reflect the positions of the three facilitated users of the platform;

      • Where the User creates a Merchant User account, such a User shall operate as a seller on the Platform
      • Where the User creates a Customer User account, such a User shall be considered to be a Licensee. The Customer shall be granted a personal, limited, non-sublicensable, non-transferable, and revocable license to access the Platform on compatible devices in a manner that is compliant with legal obligations that may apply. csm maintains its right to revoke this license at any time, in its sole discretion.
      • Where the User creates a Driver User account, the relationship shall be held to be the relationship of principal and independent contractor and not that of employer and employee.
    • 1.3 Understanding:

        For purposes of this Agreement, the following terms shall have the following meanings:

      Platform shall include all 3 of the curbsidemall.com application software, and mobile application for Businesses, Customers and Drivers.
      Merchant User a user who creates a merchant account on the platform.
      Customer User a user who creates a customer account on the platform.
      Driver User a user who creates a driver account on the platform.
      CarHop Delivery Where a customer can pay for a meal and dine while sitting in their car
      Curbside Delivery Where customers park in a designated area to allow Merchant to delivery merchandise or food.
      Instore Pick Up where goods are made available for collection by customers in the store.
      In-Door Dining Where a customer orders from our platform but prefers to dine inside a restaurant for a “contact less” experience.
      Home Delivery where goods are delivered to an address specified.
      Confirmation Code the six-digit code created by csm and provided to the customer at time of purchase, to confirm an order by a merchant or driver.
      Authorization Number/Code This is the code that should be used to authorize a delivery. The Confirmation Code is only used to confirm an order to be received.
      Chargeback a return of money to the customer
      Start Date the date that the User first agrees to the terms of the Agreement
    2.Covenants

      Now, therefore, in consideration of the mutual covenants and agreements set forth herein, the parties agree as follows;

      2.1 csm Responsibilities
      A. Platform

        csm shall provide the e-commerce platform, curbsidemall.com, in the form of a mobile app and/ or a website.

        B. purchase

        All purchases will be completed using a 3rd Party Vendor, Finix, who will process all credit cards directly for each merchant’s own credit card processing account with curbsidemall.

        and there is an “on-boarding” process that Merchants must complete, where a very soft credit check will be performed, though this will not affect your credit score. For the security of csm and your business, this must be done.

        Once you click on a link to third party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third party service provider. curbsidemall.com will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third party service provider. You use all links in third party websites and advertisements at your own risk as these are not part of the Services and are not controlled by curbsidemall.com. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. curbsidemall.com does not endorse such third party services and content and in no event shall curbsidemall.com be responsible or liable for any products or services of such third party providers.

      Where a customer places an order and pays the amount due on the Platform csm shall;

      • send the order details to the Merchant via the Platform which shall include; quantity, delivery method, completed payment status, and other information provided by the customer at the time of purchase,
      • send the customer a 6 digit Confirmation Code and the Authorization Code for the transaction via the Platform and,
      • Allow the customer to cancel their order, IF merchant does not have entire ordered items in stock.
      • Allow the Customer to cancel an order that is not confirmed by the Merchant within a given specific time, typically 10 minutes,
      • charge the customer via their selected method of payment.

      Where the Customer provides the Merchant the correct Authorization Code and finally gives the Merchant the 6 digit Confirmation code, our 3 Party Credit Card Processor shall;

      • Release the final funds to the merchant via ACH bank deposit within 24-48 hours, after properly batching each sales.
      • Release the final funds to the merchant via ACH bank deposit within two business days of merchandise being delivered successfully to the customer for all orders.

      Where the customer fails to provide the correct Authorization Code or the 6 Digit Confirmation Code for proper reimbursement to Merchant after merchandise has been delivered, FUNDS WILL NOT BE RELEASE TO THE MERCHANT. It is the merchants’ responsibility. Merchant MUST NOT RELEASE MERCHANDISE TO ANY CUSTOMER UNLESS 6 DIGIT CONFIRMATION CODES HAVE BEEN PROVIDED BY CUSTOMER. IT WILL NOT BE csm’s RESPONSIBILITY TO RETRIEVE CODES FROM CUSTOMER AFTER MERCHANDISE HAS BEEN DELIVERED, csm MAY;

      • If Merchant Contact the Customer directly via their provided phone number to verify receipt of the merchandise.
      • Upon verification of delivery the final funds shall be released;
      • within two hours or no more than 1 business day of merchandise being delivered successfully to the customer for all orders.
      C. Delivery

        Where the Customer requests Home Delivery csm shall provide this service via its fleet of independent contractor delivery drivers, subject to availability, but it is the merchants’ responsibility to make the arrangements.

      D. Returns

        csm is not responsible for any returns of merchandise and has no further obligations in the transaction where the correct Authorization Code and 6 digit Confirmation Code has been provided and the funds have been transferred. Returns may be facilitated through the platform depending on driver availability and the Merchant’s return policy.

        2.2 Merchant Responsibilities
        A. Creating an Account

        In creating an account, the Merchant undertakes to;

      • Provide csm with a description and electronic images of all merchandise,
      • All Merchants will be provided with a credit processing limit of $100,000.00 per month, provided by our Finix credit card processing partner. However, all Merchants must complete an “on-boarding” process where a very soft credit check will be performed, though this will not affect your credit score. For the security of csm and your business, this must be done.
      • Regularly view information provided through the Platform,
      • Promptly communicate to csm any errors or inaccuracies within 5 business days, and
      • Operate in good faith.

        Where the Merchant intends to offer In-Store Pick Up, Carhop and/ or Curbside Pickup it will provide customer with the exact location for the In-Store Pick Up and/ or the designated parking area. Merchant will have the ability to purchase signage, from curbsidemall to distinguish parking locations. See prices above.

        The Merchant further represents and warrants that;

      • it will comply with all applicable laws, including but not limited to;
        licenses, preparation and handling of food and beverage, and product health, safety, packaging and accessory laws, rules and regulations
      • all products sold and product pricing complies with applicable law and neither it nor its ingredients are in violation of applicable federal, state, or local law
      • all taxes owed to the relevant authorities by the Merchant shall be remitted, and
      • all information provided to csm is complete and correct, and not inaccurate, misleading, or deceptive which shall include but is not limited to allergens in Product descriptions.

        Where Merchant is owned or operated by a Franchisee, the Merchant

      • Must ensure that the Franchisee separately agrees to the terms of this agreement in relation to that Location
      • Represents and warrants that it has all required authorization to receive information from csm regarding the Franchisee and other locations and to communicate information to csm regarding the Franchisee and other locations. This includes confidential information.

      In creating an account, the Merchant understands that csm may review its status as a Merchant User where the Merchant is operating in breach of the Agreement. After such review csm shall notify the Merchant where a breach has been found to have occurred and may suspend or terminate the Merchant User where the breach has not been remedied within 30 days.

      If delivering food to Carhop customers, merchant agrees to ensure food is not too hot for customers to handle and to ensure orders are filled promptly and with no hesitation. Merchant should consider confirming all orders directly with customers immediately.

      If signage is used, merchant must take all cautions necessary to secure all signage purchased from curbsidemall.

      curbsidemall is not responsible for person, direct or indirect dealing with customers during, before or after any transaction between the customer and merchant.

      • B. Purchase

        On receipt of the order details from csm the Merchant shall within ten minutes via the platform

      • confirm that they can fulfill every item in the order, or
      • where the Merchant cannot fulfil the order, the Merchant shall send the customer an updated order for them to accept or reject
      • where the customer rejects the updated order, it shall be cancelled immediately,
      • where the customer accepts the updated order Merchant shall process the order, or
      • and/or where the customer accepts the original order, csm will refund the different, completed by our 3rd party credit card processor of unfulfilled order back onto the Customers Credit Card immediately, only charging for the items that the merchant does have in stock.
      • C. Delivery
      • Where a customer selects an In-store Pick-up the Merchant shall;

      • Ensure that the entire order is appropriately packaged and available for collection at the specified time at the specified collection point in-store
      • Obtain and verify the 6 digit Confirmation Code or the Authorization Code from the customer for the transaction, before merchandise is provided to customer and
      • Provide the customer with a receipt of all merchandise, including back ordered items where they have been paid for.

      Where a customer selects a Curbside Delivery, the Merchant shall;

      • Ensure that the entire order is appropriately packaged and available for collection at the specified time,
      • Verify the customer in the designated parking area by the Confirmation Code and or the Authorization Code as well.
      • Obtain and verify the 6 digit Confirmation Code and or the Authorization Code from the customer for the transaction, and
      • Provide the customer with a receipt of all merchandise, including back ordered items where they have been paid for.

        Where a customer selects a Home Delivery, the Merchant shall;

      • Use the platform to arrange for a Home Delivery
      • Specify the weight and size of the parcel for pick-up via the Platform
      • Ensure that the entire order is appropriately packaged and available for collection at the specified time
      • Provide the customer with a receipt of all merchandise within the parcel, including back ordered items where they have been paid for
      • Obtain and verify the 6 digit Confirmation Code. Use the Authorization Code as a secondary method of confirmation.

        Where a customer selects Carhop Delivery, the Merchant shall;

      • Mark specified parking spaces located near the actual restaurant building, in a safe manner that will protect employees and customers. Parking signage is available for purchase from csm.
      • Only use our curbsidemall platform to allow customers to pay for all orders.
      • It is suggested to Confirm orders with all potential customers before preparing meals, using Authorization Code only, not the 6 digit Confirmation Code, given to the merchant and customer, or get meal out to the customer as quickly as possible.
      • Ensure that orders are not too hot for customers to handle within their vehicle. Consider providing trash receptacles for a better dining experience.
      • Attend to customers located in their car as you would if they were inside your restaurant.
      • D. Returns

        The Merchant shall be solely responsible for all returns associated with the merchandise sold and shall hold csm harmless and indemnify csm in accordance with Clause 6.

        The Merchant must

      • Create and specify return policies for each item of merchandise that the Merchant markets and sells on the Platform, or
      • Create a universally applied return policy for all merchandise sold on the Platform.

      A MERCHANT’S RETURN POLICY MUST BE UPLOADED ONTO THE MERCHANT ACCOUNT ON THE PLATFORM.

        Where a customer wishes to return, or exchange merchandise in-store the Merchant shall;

      • Apply their return policy as outlined on the platform
      • Where a return or exchange is the appropriate solution under the Return Policy the Merchant shall arrange via the Platform for a scheduled return or exchanges, and
      • Where a return is offered the returns should be store credits where the parcel has been returned opened and/ or outside three days of delivery. This is ultimately the decision of the Merchant.

        Where a customer wishes to return, or exchange merchandise due to Merchant error or negligence via csm delivery drivers the Merchant shall;

      • Apply their return policy as outlined on the platform
      • Where a return or exchange is the appropriate solution under the Return Policy the Merchant shall arrange via the Platform for a scheduled return delivery at their expense, and
      • Where a return is offered the returns should be store credits where the parcel has been returned opened and/ or outside three days of delivery.

        Should a Merchant fail to facilitate this, their account may come under review wherein

      • a failure to respond to a customer via the Platform, and/ or
      • a failure to offer a return or exchange where appropriate

      Shall constitute a breach of the contract, not to the exclusion of other breaches.

      • E. Compensation

        The Merchant accepts that csm shall charge a percentage of the total sale before funds are released to the Merchant. These rates shall be specified on the csm website under the Compensation Policy. These rates may be updated and the continuing use of the platform shall constitute acceptance of those rates.

        The Merchant accepts that csm shall charge a delivery charge on the basis of the following table and per sale;

        Delivery Method curbsidemall Competitor 1 Competitor 2
        Offer Free Delivery 15% N/A N/A
        No Free Delivery 10% 20%* 20%
        Curbside Delivery You decide No Offer No Offer
        In-Store Pick-up FREE No Offer No Offer
        Carhop You decide No Offer No Offer
        In-Store Dining FREE No Offer No Offer

        Fees Paid to csm

        General Charges Activate 1-2 Locations Additional/ Location
        Registration Fees 1X $99.00 $39.00
        Parking Stands Costs 149.00 per location $125.00 per stand
        Order Forwarding FEE FREE $5.00 per phone 1 X
        Carhop Merchant decides Merchant decides

      Note: To figure out if it is worth paying $149.00 for a parking stand, use one of your in-door dining tables to help you calculate and determine that now!

      If you normally earn $500.00 per table per month X 12 months, that equals $6,000.00 per year for one table. Would it be worth it to purchase 2 Carhop Parking Stands at $149.99 per stand, to earn an extra $12,000.00 per year? Yes, and it is only $125.00 per parking stand if you order more than 2, but they can only be ordered in quantities of 2, i.e, 2, 4, 6, 8, 10, etc.

      Think about it. Each day you do not order, you are missing an opportunity to sale your products or services to the 40% of Americans who are still not vaccinated and are uncomfortable with shopping or eating in-doors. GET MOVING!!!!

      • F. Chargebacks

        Where a Chargeback occurs for any reason, the Merchant shall immediately refund the amount to 3rd party vendor the total amount of the Chargeback.

        Where the Merchant fails to promptly refund a Chargeback, csm reserves the right to review its status as a Merchant User and withhold future funds until previous charges have been refunded.

        Where the Merchant has failed to refund a Chargeback within 10 working days Finix reserves the right to access the funds via the ACH authority granted to csm.

      • G. Disputes

        Where a dispute arises, the Merchant shall;

      • Handle and settle any dispute that may arise in the transaction in line with their return and exchange policy,
      • Where a dispute falls outside the return and exchange policy, the Merchant shall act in good faith to resolve any such dispute to the satisfaction of the customer, and
      • The failure of the Merchant to resolve such disputes may result in their account coming under review at which point csm retains the power to suspend and/ or terminate the account.
      3. Term

        This Agreement shall be effective as of the Start Date and continues until notice is made by any Party by giving ten days-notice to terminate the Agreement.

      4. Confidentiality

        The Parties agree that information disclosed orally or in writing or made available to each other which includes, but is not limited to, information acquired from employees, trade secrets, strategic plans, invention plans and disclosures, customer information, suppliers, software, distribution channels, marketing studies, intellectual property, information relating to process and products, designs, business plans, business opportunities, marketing plans, finances, research, development, information relating to any type of technology, and all other material whether written or oral, tangible or intangible, shall be deemed “Confidential Information.” All Confidential Information can only be provided to third parties designated by each Party. In addition, the existence and terms of this Agreement shall also be treated as Confidential Information. The Parties agree that any Confidential Information disclosed prior to the execution of this Agreement was intended to be and shall be subject to the terms and conditions of this Agreement. The Parties may disclose the contents of this Agreement for purposes of seeking advice from professional tax advisors or legal counsel for purposes of compliance with legal obligations. Additionally, the parties may disclose the contents of this Agreement in a Civil Action to enforce this Agreement.

      5. Remedy

        The Parties hereby acknowledge that unauthorized disclosure or use of Confidential Information or a breach of this Agreement could cause significant and irreparable harm. Accordingly, the Parties agree that the Parties shall have the right to seek and obtain injunctive relief from each other in addition to monetary damages and any other rights and remedies it may have from arbitration or a court of competent jurisdiction.

      6. Indemnification

        The Parties agree to and shall defend and protect, hold harmless and indemnify each other from and against any and all debts, liabilities, obligations, or claims of any nature, absolute or contingent, together with all expenses and legal fees, resulting from any breach of any representation, warranty or agreement as a result of any fault or negligence on the part of the opposing Party.

      7. Legal, Jurisdiction and Governing Law

        This Agreement shall be governed, construed, interpreted, and enforced in accordance with the laws of the State of Nevada, United States of America. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of the State of Nevada. If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees and costs, which may be set by the court, in addition to any other relief to which that Party may be entitled.

      8. Severability

        The invalidity or unenforceability of any particular provision of this Agreement, or portion thereof shall not affect the other provisions or portions thereof; and, this Agreement shall be construed in all respects as if any such invalid or unenforceable provisions or portions thereof were omitted and this Agreement shall remain in full force and effect.

      9. Notice

        All notices, consents, requests, instructions, approvals and other communications provided for herein and all legal process in regard hereto shall be validly and sufficiently given, made or served, where they are communicated via the Platform or electronic communication to the parties.

      10. Force Majeure

        In the event either Party shall be delayed or hindered in or prevented from the performance of any act required hereunder by reasons of strike, lockouts, restrictive government or judicial orders or decrees, riots, insurrection, war, pandemic(s) or health crisis, Acts of God, inclement weather or other similar reason or a cause beyond such Party’s control, then performance of such act shall be excused for the period of such delay. Any timelines affected by such force majeure shall be extended for a period equal to that of the delay and any affected terms of this Agreement shall be adjusted to reflect cost increases resulting from force majeure, provided that, should any delay continue for more than thirty (30) calendar days, either Party/Parties may terminate this Agreement immediately upon written notice. Notice of the start and stop of any such force majeure shall be provided to the other Party or Parties in writing.

      11. Amendments

        This Agreement may not be enlarged, modified, altered, or otherwise amended by the User except in writing, signed by the Parties hereto and endorsed on this Agreement.

        csm may at any point modify or supplement this Agreement without prior notice and such changes shall be effective immediately upon being posted on the Platform. The continued use of the Platform of the User shall constitute acceptance of the modification or supplementation.

      12. Entire Agreement

        This Agreement includes;

      • These terms and conditions,
      • The additional policies published by csm on the Platform, and
      • The information provided by Users creating their account.

      This Agreement constitutes the entire Agreement of the Parties and memorializes all past and present written and oral agreements and supersedes all prior agreements; and, no statements, promises, or inducements made by either Party that are not contained in this Agreement shall be valid or binding

      13. Arbitration

        IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND curbsidemall.com CAN BE BROUGHT, INCLUDING THE ARBITRATION AGREEMENT (SEE SECTION 14 BELOW). PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH curbsidemall.com ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION (AS DESCRIBED IN SECTION 2 BELOW). BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

        curbsidemall.com may make changes to these Terms from time to time. If curbsidemall.com makes changes, it will provide you with notice of such changes, such as by sending an email, providing a notice through the Services, or updating the date at the top of these Terms. Unless curbsidemall.com says otherwise in its notice, the amended Terms will be effective immediately and your continued access to and use of the Services after curbsidemall.com provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Services.

        curbsidemall.com collection and use of personal information in connection with the Services is described in curbsidemall.com Privacy Notice located at https://www.curbsidemall.com/privacy/notice.

      14. Arbitration Agreement

        By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against curbsidemall.com on an individual basis in arbitration as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against curbsidemall.com and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against curbsidemall.com by someone else. For the avoidance of doubt, this precludes you from bringing or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against curbsidemall.com.

        (A) Agreement to Binding Arbitration Between You and curbsidemall.

        Except as expressly provided below in Section 2(b), you and curbsidemall.com agree that any dispute, claim or controversy in any way arising out of or relating to (i) these Terms or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof, (ii) your access to or use of the Services at any time, (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether the dispute, claim or controversy occurred or accrued before or after the date you agreed to the Terms, or (iv) your relationship with curbsidemall.com, will be settled by binding arbitration between you and curbsidemall.com, and not in a court of law. This Agreement survives after your relationship with curbsidemall.com ends.

        You acknowledge and agree that you and curbsidemall.com are each waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding.

        This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third-parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties; those claims shall also be subject to this Arbitration Agreement.

      • (B) Exceptions to Arbitration

        Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

        Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, coordinated, consolidated, collective, or representative action against curbsidemall.com. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against curbsidemall.com and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, curbsidemall.com may agrees to honor your election.

        The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in Section 2(a), which will continue to apply in court as well as in arbitration), or the enforceability of this Agreement as to any other controversy, claim or dispute.

      • (C) Rules and Governing Law.

        The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

        The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a dispute, you and curbsidemall.com agree that the arbitrator will decide that issue.

        Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms.

        Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

        (D) Process.

        Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and curbsidemall each agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. Notice of the dispute must include the party’s name, preferred contact information, a brief description of the dispute, and the relief sought. Notice to curbsidemall.com must be sent to GTI, Attn: Customer Support, 10602 Southern Highland, STE. 110-476, Las Vegas, NV, 89141. Neither party shall initiate arbitration until 30 days after the notice is sent. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal resolution process required by this paragraph.

        Initiating Arbitration. In order to initiate arbitration, a party must provide the other party with a written Demand for Arbitration and file the Demand with AAA as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). A party initiating an arbitration against curbsidemall.com must send the written Demand for Arbitration to GTI, Attn: Customer Service, 10602 Southern Highland, Las Vegas, NV 89141. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted. The Arbitrator will be selected by the parties from the AAA's National Roster of Arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

        (E) Location and Procedure .

        Unless you and curbsidemall.com otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and curbsidemall.com submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

        (F) Arbitrator's Decision.

        The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you may seek an award of attorneys' fees and expenses to the extent permitted under applicable law.

        curbsidemall.com will not seek, and hereby waives all rights curbsidemall.com may have under applicable law to recover attorneys' fees and expenses if curbsidemall.com prevails in arbitration.

        (G) Fees.

        Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

        (H) Severability and Survival.

        If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

      15. User Feedback.

        As curbsidemall.com respects your rights to your ideas, please do not submit any confidential ideas, information, or suggestions in any form to curbsidemall.com or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of curbsidemall.com, without any compensation to you; (ii) curbsidemall.com has no obligation to review your submissions; (iii) curbsidemall.com may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) curbsidemall.com has no obligation to keep your submissions confidential.

      16. Damage, Cleaning, Lost and Found, and Violation of Terms.

        curbsidemall.com may charge you a fee if, during your use of the Services, you have caused damage to a vehicle during delivery or property that requires repair or cleaning (“Repair” or “Cleaning”). The amount of such fee shall be determined, at curbsidemall.com’s sole discretion, based on the type of damage and the severity. curbsidemall.com’s reserves the right to verify or otherwise require documentation of damages prior to processing a fee. In the event that a Repair or Cleaning request is verified by curbsidemall.com in curbsidemall.com’s reasonable discretion, curbsidemall.com reserves the right to facilitate payment for the reasonable cost of suchRepair or Cleaning using your payment method designated in your Account, or ACH availability. Such amounts, as well as those pertaining to lost and found goods, will be transferred by curbsidemall.com to a Third Party Provider, if applicable, and are non-refundable.

        Additionally, if you fail to comply with these Terms you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.

      17. Disclaimers; Limitation of Liability; Indemnity.

        Disclaimer.

        THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." curbsidemall.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, curbsidemall.com MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

        curbsidemall.com DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

        curbsidemall.com DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS INCLUDING DRIVERS. THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF curbsidemall.com.

        curbsidemall.com DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. curbsidemall.com CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

      18. Limitation of Liability.

        curbsidemall.com SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF curbsidemall.com, EVEN IF curbsidemall.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

        curbsidemall.com SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF curbsidemall.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. curbsidemall.com SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND curbsidemall.com’s REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF curbsidemall.com.

        THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT curbsidemall.com HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

        THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, curbsidemall.com’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON curbsidemall.com’s CHOICE OF LAW PROVISION SET FORTH BELOW.

      19. Indemnity.

        You agree to indemnify and hold curbsidemall.com and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) curbsidemall.com’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

      20. Other Provisions

        Choice of Law.

        These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, U.S.A., without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 2 above or in supplemental terms applicable to your region. This Choice of Law provision applies only to the interpretation of these Terms and is not intended to create any other substantive right to non-Nevadans to assert claims under Nevada law or bring claims in Nevada courts whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Nevada law to interpret these Terms, and these provisions shall not be interpreted as generally extending Nevada law to you if you do not otherwise reside in Nevada.

        Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

      21. General.

        You may not assign these Terms without curbsidemall.com’s prior written approval. curbsidemall.com’s may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of curbsidemall.com’s equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, curbsidemall.com or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. curbsidemall.com’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by curbsidemall.com in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

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